Not Agreed to by Me

Josh,

Just to be clear, the list of items in your email proposed as a basis for ending the arbitration were not agreed to by me at anytime. I don’t want your lawyers claiming we have resolved the dispute. Among other things, I object to the assertion in your email that the combination agreement has been terminated. This is simply not true and underscores the need for the arbitration.

Unfortunately, the call this morning between Judge Horne and counsel to go over witness issues and the incriminating document your counsel produced was postponed until Thursday. This delay doesn’t leave much time for resolution.

I will review with Bob Scully, but I am not optimistic that we will resolve the matter without Judge Horne’s order.

Thanks.

Rich

P.S. The repeated false assertion that the agreement was terminated in 2020 doesn’t fit our continuing relationship.

Richard Litman
Sent from my iPad

On May 1, 2023, at 08:53, Joshua Goldberg <JGoldberg@nathlaw.com> wrote:


Rich,

It was good to see you on Saturday. I hope you started feeling better that afternoon and are no longer thinking hernia.

I have been thinking a lot about a potential framework for us moving forward. I think we have talked about a lot of the elements already, including:

* We agree to pay you the $300,000 we had previously offset for your disability payments, to be paid to you in 3 installments over 2023.
* We agree to pay you monthly or quarterly, your choice, for your percentage of funds collected and received for fee billings, not including pass through disbursements.
* We agree to make our financial records available to you to review and confirm our numbers, should you wish to do so.
* We agree you (and Cheryl) will stay on our health insurance, as you are currently.
* We agree we are in the termination portion of the Combination Agreement.
* Regarding the number of remaining years left in the Agreement, this, to me, is the biggest point for discussion. A lot will depend on how active you think you reasonably can be, and what sort of activities you think you would be able to engage in. The radio show is an interesting idea, as are some others we have discussed. This is countered by the limitations on your ability to travel. You have been on disability for close to 3 years, while the Combination Agreement called for a 5 year termination period. I think there is a number in there that could work.

Are there any other items I am not thinking about or missing?

Josh

Joshua B. Goldberg
Co-Managing Partner
“Green Patent Guy”
Brooklyn, NY

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